A Chiadzwa security guard who shot and killed an illegal diamond panner in 2019 has been sentenced to 10 years imprisonment by a High Court judge.

Dulula Chinamano was convicted of murder as defined in Section 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act, Chapter 9:23, by Justice Isaac Muzenda last week. Ms Jane-Rose Matsikidze prosecuted.

The court heard that on May 15, 2019 at Chikwarukwaru Portal A in Chiadzwa, Chinamano and his workmates were deployed to chase away illegal panners in the mining concession. Chinamano was armed with a rifle, while his colleagues were handling dogs.

At around 10am, they confronted around 300 panners who were armed with iron bars, shovels and sacks.

The illegal panners, including the deceased, Terrence Masendeke, resisted the order to leave.

Chinamano opened fire on them.

Some of the bullets hit Masendeke on the chest and on the right thigh. Realising that one of their own had been shot, the panners fled in different directions.

Masendeke collapsed about 300 metres from where he had been shot and died.

In sentencing Chinamano, Justice Muzenda said he shot Masendeke with the intention of killing him. He also said as someone who received trained in the proper handling and use of a firearm, Chinamano acted recklessly by shooting directly at the panners, instead of firing warning shots as required by the law.

Justice Muzenda also said by being reckless, Chinamano ended a life, which is a punishable offence. Testifying in court, Masendeke’s cousin who was with him on the fateful day, Lisbon Makuyana, said his late relative advised him that they had to flee since some security guards were patrolling the area.

He said as they were running away, they heard gunshots and Masendeke was shot.

Makuyana said when he got to Muchena Business Centre, he realised that his cousin was missing. He rushed back to the site, only to see him laying in a pool of blood.

Chinamano’s colleague, Casio Kalambwe, said they released dogs on the illegal panners, while Chinamano fired four shots.

They only realised that someone had died after the other panners had fled.- Manica Post